UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 09-7530

UNITED STATES OF AMERICA,

Plaintiff - Appellee,
v.
CRUSO R. WALLACE,
Defendant - Appellant.

Appeal from the United States District Court for the Southern
District of West Virginia, at Beckley.
Thomas E. Johnston,
District Judge. (5:02-cr-00101-3)

Submitted:

April 13, 2010

Decided:

April 22, 2010

Before MOTZ and GREGORY, Circuit Judges, and HAMILTON, Senior

Circuit Judge.

Affirmed by unpublished per curiam opinion.

Cruso R. Wallace, Appellant Pro Se. John J. Frail, Assistant

United States Attorney, Charleston, West Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:
Cruso

R.

Wallace

appeals

from

the

district

courts

orders denying his 18 U.S.C. 3582 (2006) motion for reduction

of

sentence

and

his

motion

for

reconsideration.

We

have

reviewed the record in this case and find no reversible error.

Accordingly, we affirm for the reasons stated by the district
court.
Va.

United States v. Wallace, No. 5:02-cr-00101-3 (S.D. W.

June

&

July

31,

2009).

In

addition,

we

note

that

Wallaces claims on appeal are barred by our decision in United

States v. Dunphy, 551 F.3d 247, 251-52 (4th Cir.), cert. denied,
129 S. Ct. 2401 (2009) (finding jurisdictional bar to reducing
prison term below the amended Guidelines range).

We dispense

with oral argument because the facts and legal contentions are
adequately

presented

in

the

materials

before

the

court

and

argument would not aid the decisional process.

AFFIRMED